Goa, Daman and Diu Partnership Rules, 1979

Made under the Indian Partnership Act, 1932 (Central Act 9 of 1932) in 1979

3rd February 1979

Rules made in exercise of the powers conferred by sub-section (1) of section 71 of the Indian Partnership Act, 1932, to regulate the procedure for registration of firms, filing of documents, and related matters in Goa, Daman and Diu.

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1 Short title and commencement

(1) These rules may be called the Goa, Daman and Diu Partnership Rules, 1979.

(2) They shall come into force at once.

2 Definitions

In these rules, unless there is anything repugnant in the subject or context,—

• (a) “Act” means the Indian Partnership Act, 1932 (Central Act 9 of 1932);
• (b) “Document” includes statements, intimations and notices prescribed by the Act;
• (c) “Firm” means a firm to which the Act applies;
• (d) “Form” means a Form appended to these rules;
• (e) “Notification” means the Notification published in the Official Gazette;
• (f) “Registrar” means a Registrar of Firms appointed under section 57 of the Act.

3 Filing of documents

(1) All applications, documents and statements required to be filed under the Act shall be made to the Registrar within whose jurisdiction the firm is carrying on business and when it is carrying on business within the jurisdiction of more than one Registrar, to the Registrar within whose jurisdiction its principal place of business is situated.

(2) Notice of change of the principal place of business shall be given to the Registrar with whom the firm is registered, even if the new principal place of business is within the jurisdiction of another Registrar. In every such case the first mentioned Registrar shall make an entry to that effect in Register of Firms and the index thereto, and transmit the records to the Registrar within whose jurisdiction the new principal place of business is situated.

4 Mode of lodging documents

Documents may either on payment of the prescribed fee be lodged with the Registrar in person or sent to him by post alongwith the prescribed fee.

5 Furnishing of English translation of document

If any document or portion of a document required to be submitted under the Act is not in the English language, a translation thereof in English certified as correct shall be furnished alongwith such document to the Registrar.

6 Form and Verification of statements under sections 58 and 60

The documents required to be filed with the Registrar under section 58(1) and 60 shall be deemed to be duly verified if they are signed and certified by all the partners or by a specially authorized agent on behalf of a partner declaring the statement made therein to be true to his knowledge and belief in the presence of at least one witness who shall attest the signatures by signing his name, provided that when a document is verified by a specially authorized agent, the original power of attorney or an express letter of authority from the partner concerned shall be produced for the inspection of the Registrar to prove authentication.

7 Form of Register of firms statements under sections 58, 59 and 60, notices under sections 61, 62 and 63 and index to Register of Firms

(1) The "Register of Firms" to be maintained by the Registrar under section 59 of the Act shall be in Form I.

(2) The statement required under section 58 of the Act, for the registration of a firm shall be in Form II.

(3) The statement under section 60 of the Act, relating to changes in the Firm's name and the principal place of business, shall be in Form III.

(4) The notice under section 61 of the Act of closing and opening of branches shall be in Form IV.

(5) The notice under section 62 of the Act of changes in the names and addresses of partners shall be in Form V.

(6) The notice of alteration in the constitution of a firm and dissolution of a firm, under section 63(1) of the Act, shall be in Forms VI and VII respectively.

(7) The notice of withdrawal from, or remaining in a partnership to be given under section 63(2) of the Act by a minor on attaining majority shall be in Form VIII.

(8) An Index to the Register of Firms shall be m

8 Examination of Documents received by the Registrar

On receipt of every statement, intimation, notice or any other document prescribed by the Act to be filed or registered in his office, the Registrar shall examine it, and if it is found to be defective or incomplete in any of the particulars required to be given therein, or not verified in the prescribed manner or in any way not in accordance with the provisions of the Act or these rules, he shall return it to the person applying for filing or recording or to the firm concerned; and until proper rectification or completion is made, he shall not register or file the document in question nor shall he file or register the same unless and until the prescribed fees are paid to and received by him. The Registrar shall, pending the receipt of such fees, act in the same way as if no such document has been tendered for filing or recording or registration.

9 Acknowledgement by the Registrar

The Registrar may acknowledge the receipt or filing of any document after necessary entries have been made in the Register of Firms.

10 Enquiries and investigations by the Registrar in case of disputes

The Registrar may in his discretion institute such enquiries or make such investigation in respect of any matter as may in his opinion be necessary for the proper performance of his duties and administration of the Act, especially when a dispute arises amongst the several partners of a firm. The Registrar may in his discretion call upon any of the partners or all of them to produce any original deed, document or such other evidence as he thinks fit.

11 Procedure on dispute

If any person wishes to dispute any entry in the Register, such person shall give the Registrar notice in writing that he disputes the said entry and the Registrar shall make a remark to that effect at the end of the existing entries and shall also make a remark in red ink in the remarks column against the entry so disputed.

The Registrar shall then as soon as may be, send an intimation of such notice to all the partners of the firm concerned and if the person giving such notice is one of the partners to the remaining partners of such firm as the case may be.

12 Amendment of Register

When an entry made in the Register is to be amended, the amendment shall be made by drawing a red line through the entry and making a new entry at the end of the existing entries. A reference in red ink to the serial number of the new entry shall be made against the amended entry.

13 Office of the Registrar and Business hours

The office of the Registrar shall be situated in the towns of Panjim, Mapusa, Margao, Quepem, Bicholim and Daman in the office of the respective sub-registrars of assurances or Conservadores of Predial of the said places and at Diu in the office of the Assistant Public Prosecutor; and shall be open for business (Sundays and authorised holidays excepted) between the hours of 10 a.m. and 5.30 p.m.

14 Inspection of Registers of Firms and documents and copies of entries

(1) Any person may inspect the documents and the "Register of Firms" kept by the Registrar on payment of fifty pales for the inspection of all documents relating to one firm:

Provided that he shall not have the right, while so inspecting to take copies or extracts from any of the documents or the Register.

(2) Any person may inspect the particulars of any firm in the Register of Firms kept by the Registrar on payment of fifty pales in respect of each volume of the registers inspected:

Provided that he shall not have the right, while so inspecting to take copies or extracts from any of the document or the Register.

(3) Any person shall, on application to the Registrar be supplied on plain paper with a certified copy or extract of any of the documents or any of the entries or portion thereof in the "Register of Firms" on payment of fifty pales for each hundred words or part thereof.

15 Destruction of documents

(1) No document filed in the office of the Registrar of Firms, under the Indian Partnership Act, 1932 shall be destroyed without the previous order of the Registrar in that behalf.

(2) The Registrar may order the destruction of any such document at the expiration of five years after the date of dissolution of the firm in respect of which such document was filed in his offices:

Provided that the Registrar shall give three months previous notice of such destructions by Notification in the Goa, Daman and Diu Official Gazette.

(3) After the expiration of the said three months, the Registrar shall, unless sufficient reason be shown to the contrary, cause all the documents of each firm named in the said notice to be destroyed, and shall record the fact of such destruction in the book kept for such purpose.

16 Fees payable to the Registrar of firms

The fees payable to the Registrar under the Act shall be as follows:

• 1. Statement under section 55. Three rupees.
• 2. Statement under section 60. One rupee.
• 3. Intimation under section 61. One rupee.
• 4. Intimation under section 62. One rupee.
• 5. Notice under section 63. One rupee.
• 6. Application under section 64. One rupee.
• 7. Inspection of the Register of Firms under sub-section (1) of Section 65. Fifty pales for inspecting one volume of the Register.
• 8. Inspection of documents relating to a firm under sub-section (2) of section 65. Fifty pales for the inspection of all documents relating to one firm.
• 9. Copies from the Register of Firms. Fifty pales for each hundred words or part thereof.